Applicable legislation
34(1)
Decision Date
Committee
Decision Status
Case Decision

Please be advised as follows:

The committee noted that the applicant had submitted a Form I application for the rectification of the failure to obtain Amafa approval prior to carrying out work that was approved by the Municipality without Amafa approval in 2016.  That approval contained details that were specifically refused by Amafa in the applications submitted from 2008-2012.
The main requirements in response to the original application were that the additions to the rear and on the 9th Avenue edge must be kept clear of the the side elevation of the original extent of the house and that the original windows and doors were retained.  In addition, the posts delineating the boundary must be continued around the Florida Road and 9th Avenue boundaries. 
The alterations carried out in 2016 contravened the previous approvals and cannot be condoned as the previous requirements cannot be reversed.  The Institute cannot condone the alterations as they stand and has required the new owners to reverse some of the work and revise the proposals for the interventions on the 9th Avenue edge of the property.
The committee was told that the previous owner, Mr Sofilas, the applicant in this case, was also part of the current ownership of the property. 
The Institute has responded to the application for proposed work (application no 21/356) and had provided a way forward.  That application has been refused but the response from the Institute allows for a certain amount of compromise and required revised drawings in order to take the matter further.  The current owners must respond to the requirements that have been set out in that letter, dated 08 July 2022, in order that this matter move forward. 
Once there is consensus on the new proposals, drawings showing the demolitions and amendments to the drawings to meet the Institute's requirements must be submitted in order that formal approval of those rectifications may be issued in terms of this application.
Formal approval of this application will only be released once the required rectification work has been carried out to the satisfaction of the Institute.

Written responses/requests for reconsideration of the application or consideration of new information must be loaded to the case on Sahris (email [email protected]) within 30 days of the date of this letter or any requirements/decisions contained herein will be considered final. 
Required additional information or revised drawings must be submitted within six months from the date of this letter or the application will lapse and a new application will be required.
THIS LETTER DOES NOT CONSTITUTE FORMAL APPROVAL OF THE PROPOSAL SUBMITTED TO THE INSTITUTE.  UNAUTHORISED WORK CARRIED OUT ON THE ABOVE SITE WILL BE IN CONTRAVENTION OF THE KWAZULU-NATAL AMAFA AND RESEARCH INSTITUTE ACT (5 of 2018).